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AMERICAN FAMILY MUT. INS. v. ZIMMERMAN.

No. 90-2873.

161 Wis.2d 97 (1991)

467 N.W.2d 209

AMERICAN FAMILY MUTUAL INSURANCE COMPANY and American Standard Insurance Company of Wisconsin, Plaintiffs-Appellants, v. Jack R. ZIMMERMAN, Wayne L. Peterson, Kenneth H. Swan, Jolynn B. Swan, Jeffrey N. Lelinski, Christine Fectau, Gregory L. Fectau, Mary Wroblewski, Thomas Wroblewski, Ann M. Bach, Lynn A. Michalak, Frank Michalak, Charles T. Emmrich, Janice L. Jones, Judith Sebold, Wolfgang D. Sebold, Julie A. Zembrowski, Randy J. Piotrowski, David Hackbarth, Wendy K. Piotrowski, Steven W. Bach, Linden G. Jacobs, Capitol Indemnity Corporation, Racine County Mutual Insurance Co. and Blue Cross & Blue Shield United of Wisconsin, Defendants-Respondents, Jack ZIMMERMAN, Jr., Third Party Plaintiff, Roger KLINKHAMMER, Third Party Defendant.

Court of Appeals of Wisconsin

Decided February 27, 1991.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the petition of James T. Murray, Jr. and John B. Stadler of Peterson, Johnson & Murray, S.C. of Milwaukee.

For the defendants-respondents Capital Indemnity Corporation and Racine County Mutual Insurance Company a response was filed by Arnold P. Anderson of Capwell, Berthelsen, Nolden, Casanova, Pitts & Kallenbach, Ltd., of Racine.

Before Nettesheim, P.J., Scott and Anderson, JJ.

NETTESHEIM, P.J.

American Family Mutual Insurance Company and American Standard Insurance Company of Wisconsin appeal a nonfinal order1 which declares that American Standard's policy limits of $100,000/$300,000 are available to injured claimants. One issue is presented: when coverage is mandated by the financial responsibility law, sec. 344.33(2), Stats., do the policy limits or statutory minimums of $25,000/ $50,000 apply. We conclude...

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